76.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family” in section 35(1) of the Act is a person aged 16 or over but under 19 who is treated as a child for the purposes of section 142 of the Benefits Act (meaning of child), and in these Regulations, except in Part IV, such a person is referred to as a “young person”.
(2) Paragraph (1) shall not apply to a person who is–
(a)on a course of advanced education;
(b)entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or
(c)entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be so entitled.
77.—(1) Subject to the following provisions of this regulation, a person is to be treated for the purposes of the Act as responsible for a child or young person for whom he is receiving child benefit.
(2) In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
(3) In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—
(a)except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
(b)where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.
(4) Where regulation 78(7) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant’s household.
(5) Except where paragraph (4) applies, a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
78.—(1) Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 77 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person shall be treated for the purposes of the Act as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.
(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—
(a)that person does not intend to resume living with the other members of his family; or
(b)his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.
(3) Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—
(a)one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977(1) (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984(2) (provision of hospitals for patients requiring special security); or
(b)one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court; or
(c)the claimant is abroad and does not satisfy the conditions of regulation 50 (persons absent from Great Britain); or
(d)one of them is permanently in residential accommodation or a residential care home or a nursing home.
(4) A child or young person shall not be treated as a member of the claimant’s household where he is—
(a)placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989(3) or by a voluntary organisation under section 59(1)(a) of that Act; or
(b)placed with the claimant or his partner prior to adoption; or
(c)in accordance with a relevant Scottish enactment, boarded out with the claimant or his partner, whether or not with a view to adoption; or
(d)placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983(4) or the Adoption Agencies (Scotland) Regulations 1984(5).
(5) Subject to paragraphs (6) and (7), paragraph (1) shall not apply to a child or young person who is not living with the claimant and who—
(a)in a case which does not fall within sub-paragraph (b), has been continuously absent from Great Britain for a period of more than four weeks commencing—
(i)where he went abroad before the date of the claim for a jobseeker’s allowance, with that date;
(ii)in any other case, on the day which immediately follows the day on which he went abroad; or
(b)where regulation 50(4) or paragraph 11 or 13 of Schedule 5 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—
(i)where he went abroad before the date of the claim for a jobseeker’s allowance, on the date of that claim;
(ii)in any other case, on the day which immediately follows the day on which he went abroad; or
(c)has been an in-patient or in accommodation provided under any of the provisions referred to in any of sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85 for a continuous period of more than 12 weeks commencing—
(i)where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for a jobseeker’s allowance, with that date; or
(ii)in any other case, with the date on which he became an in-patient or entered that accommodation, and, in either case, has not been in regular contact with either the claimant or any member of the claimant’s household; or
(d)is being looked after by a local authority under a relevant enactment; or
(e)has been placed with a person other than the claimant prior to adoption; or
(f)is in the care of a local authority under a relevant Scottish enactment; or
(g)has been boarded out under a relevant Scottish enactment with a person other than the claimant prior to adoption; or
(h)has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or
(i)is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
(6) In the case of a person who was entitled to income support immediately before his entitlement to a jobseeker’s allowance commenced, sub-paragraphs (a), (b) and (c) of paragraph (5) should each have effect as if head (i) was omitted.
(7) A child or young person to whom any of the circumstances mentioned in sub-paragraphs (d) or (i) of paragraph (5) applies shall be treated as being a member of the claimant’s household only for that part of any benefit week where that child or young person lives with the claimant.
(8) Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant’s household.
(9) In this regulation–
(a)“relevant enactment” means the Army Act 1955(6), the Social Work (Scotland) Act 1968(7), the Matrimonial Causes Act 1973(8), the Adoption (Scotland) Act 1978(9), the Family Law Act 1986(10) and the Children Act 1989(11);
(b)“relevant Scottish enactment” means the Army Act 1955, the Air Force Act 1955(12), the Naval Discipline Act 1957(13), the Adoption Act 1958(14), the Matrimonial Proceedings Children Act 1958(15), the Children Act 1958(16), the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969(17), the Children and Young Persons Act 1969(18), the Matrimonial Causes Act 1973, the Guardianship Act 1973(19), the Children Act 1975(20), the Domestic Proceedings and Magistrates' Courts Act 1978(21), the Adoption (Scotland) Act 1978, the Child Care Act 1980(22), and the Foster Children Act 1980(23);
(c)“voluntary organisation” has the meaning assigned to it in the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.
1977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).
1955 c. 18. The provisions relating to reception orders were repealed as from 1st January 1992 by the Armed Forces Act 1991 (c. 61) but with savings (articles 2 and 3(1) of S.I. 1991/2719).